STATUTORY RULES
1966 No. 41
REGULATIONS UNDER THE DEFENCE FORCES RETIREMENT BENEFITS ACT 1963-1965*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Forces Retirement Benefits Act 1963-1965.
Dated this third day of February, 1966.
CASEY
Governor-General.
By His Excellency’s Command,
Treasurer.
Amendment of the Defence Forces Retirement Benefits (Prescribed Contributors) (No. 2) Regulations†
Commencement.
1. These Regulations shall come into operation on the fourteenth day of February, 1966.
Fortnightly contributions payable by members (other than officers) on change to higher category.
2. Regulation 4 of the Defence Forces Retirement Benefits (Prescribed Contributors) (No. 2) Regulations is amended by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation:—
“(4.) For the purposes of this regulation, f is the difference between—
(a) the number of dollars in the amount ascertained by multiplying the amount of Ninety-one dollars by the number that is the category number of the member immediately after the change in category and multiplying the result by the factor set out in the third column of the Second Schedule to the Defence Forces Retirement Benefits Act 1948-1965 opposite to the number of years set out in the second column of that Schedule that is the number of years of service for pension that the member will have completed when his obligation to make the additional contributions required by Part IV. of the Act to be made by him as a result of the change in category will have ceased; and
(b) the number of dollars in the amount ascertained by multiplying the amount of Ninety-one dollars by the number that was the category number of the member immediately before the change in category and multiplying the result by the factor referred to in the last preceding paragraph,
* Notified in the Commonwealth Gazette on 10 February, 1960.
† Statutory Rules 1954, No. 52.
14/66.—Price 6d. (5c) 10/28.1.1966
but, where the amount ascertained in accordance with paragraph (a) or (b) of this sub-regulation includes an amount of cents—
(c) if that last-mentioned amount is less than Fifty cents—the amount ascertained in accordance with that paragraph shall be deemed to be reduced by that last-mentioned amount; and
(d) in any other case—the amount ascertained in accordance with that paragraph shall be deemed to be increased by treating the cents as One dollar.”.
By Authority: A. J. Arthur Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1966 No. 41, issued under the Defence Forces Retirement Benefits Act 1963-1965, were enacted to amend the Defence Forces Retirement Benefits (Prescribed Contributors) (No. 2) Regulations. This legislative instrument was introduced to address issues concerning fortnightly contributions payable by members, specifically non-officers, upon a change to a higher category within their service. The Regulations were made by the Governor-General, with advice from the Federal Executive Council, and came into operation on 14 February 1966. The primary objective of these Regulations is to adjust the calculation method for determining the contributions required from members when they transition to a higher category, ensuring that the financial obligations are accurately reflected based on their new category and years of service.
Scope and Application
The Regulations under the Defence Forces Retirement Benefits Act 1963-1965 are aimed at modifying the Defence Forces Retirement Benefits (Prescribed Contributors) (No. 2) Regulations, which pertain specifically to the fortnightly contributions that members of the defence forces, excluding officers, must make when transitioning to a higher category. These Regulations apply to individuals who are members of the defence forces and are subject to the Defence Forces Retirement Benefits Act. The Regulations focus on the financial obligations of members upon changing their category within the defence forces, ensuring that appropriate adjustments to their fortnightly contributions are made. These Regulations are applicable throughout the Commonwealth of Australia, as they are enacted under federal law. The Regulations do not specify any exclusions, exemptions, or thresholds but rather detail the financial calculations necessary for determining the difference in contributions when a member's category changes. The application and enforcement of these Regulations may be further extended or detailed through subordinate instruments, which could provide additional context or specific scenarios not covered in the primary text.
Key Provisions
The main operative sections of these regulations pertain to the amendment of fortnightly contributions payable by members of the defence forces, specifically those who transition to a higher category. Regulation 4 of the Defence Forces Retirement Benefits (Prescribed Contributors) (No. 2) Regulations has been amended to redefine the formula for calculating the difference in contributions when a member changes categories. This redefinition involves a mathematical formula that incorporates the member's category number and years of service, adjusted by specific factors detailed in the Second Schedule of the Defence Forces Retirement Benefits Act 1948-1965.
The obligations and requirements imposed by these regulations include ensuring that all calculations of contributions are accurately performed based on the new formula. Members who change categories must be informed of their new contribution amounts, and the relevant authorities must adjust their records accordingly. This amendment ensures that the financial obligations of members are clearly defined and that any changes due to a change in category are accurately reflected in their contributions.
Any breach of these regulations, such as failing to accurately calculate and pay the correct contributions, could result in civil or administrative penalties. Although the specific penalties are not detailed in the regulations themselves, under the Defence Forces Retirement Benefits Act 1963-1965, there are potential consequences for non-compliance. These could include fines or other corrective actions deemed necessary by the relevant authorities to ensure compliance with the legislative framework.
These regulations, while primarily technical, play a crucial role in maintaining the financial integrity of the retirement benefits system for defence force members. By clearly defining the process for calculating contributions when a member changes categories, they help to ensure that all parties are aware of their obligations and can plan accordingly. The precision of these calculations is essential to the fairness and sustainability of the retirement benefits system.